In the wake of mounting criticism of the role of Election Commission in ensuring safe elections during the pandemic, the poll body on Tuesday said it had directed the state and district authorities to adhere to COVID-19 measures prescribed under the Disaster Management Act, 2005, and pointed out that public gatherings had not been stopped by the State Disaster Management Authority during the period under question.
The EC also said that it will comply with all directions of the Madras High Court and will apprise it on April 30 about the steps it has already taken to ensure free, fair and safe elections. The Commission said that the high court has after examining its submission passed its order, and it does not contain the statements attributed to the court in certain sections of the media.
The court in its order has asked the Commission, after going through its submission about the steps taken to ensure safe elections, that similar appropriate measures have to be adopted at every counting centre and it is only upon maintaining regular sanitisation, proper hygienic conditions, mandatory wearing of mask and adherence to the distance norms, should any counting begin or be continued.
The Commission said that Tamil Nadu ordered lockdown restrictions in view of the COVID second surge on April 20, 2021—16 days after the campaign period was already over in the state.
According to the order, the State Health Secretary and the Director of Public Health should be consulted by the Election Commission and the Chief Electoral Officer responsible in the state, to put appropriate measures in place immediately.
The Commission said that it has already responded to the anxieties concerning COVID-19 compliant behaviour during the ongoing elections filed by different petitioners, following legal and factual positions.
The poll body said it has already reiterated that enforcement of COVID-19 measures such as lockdown, restriction or curtailment on public gatherings etc is the responsibility assigned to the State Disaster Management Authority and its officers under the Disaster Management Act, 2005. “The State Disaster Management Authority didn’t stop public gatherings under the DM Act 2005 during this period,” the Commission pointed out, and said that it had issued directions to adhere to whatever was prescribed under the DM Act and in case of violation to book under the Act.
“EC continuously directed the State/District authorities to enforce the extant instructions of the NDMA/SDMA,” it said.
The Commission said that in 2020, amidst the lockdown and other enforcement measures prescribed by the disaster management authorities under the DM Act, it had completed the electoral exercise in Bihar.
“The enforcement under 2005 Act has to be ensured by the concerned SDMA and notified authorities under the Act. The Commission has always emphasised in its 21.8.2020 and all subsequent instructions that the State authorities shall ensure COVID compliance in the matter of public gatherings etc. for campaign purposes,” it said.
It clarified that at no occasion, it takes over the task of SDMA for enforcement of COVID-19 instructions.
The Commission said it had reiterated its instructions on February 26, 2021 while announcing the poll in five states and one union territory.
It said the campaign in Tamil Nadu, one of the states that went to polls, ended on April 4, 2021, and the second wave of COVID-19 was yet to be visible fully at that time. “Polling was conducted following all prescribed COVID appropriate measures on 6.4.2021, which witnessed good electoral participation with full compliance of norms by all concerned,” the poll body said.
These submissions, it said, were made to different High Courts and found favour in the orders of these courts.
The Commission also pointed out that the Calcutta High Court passed an order on April 23, 2021 that there is no way for any department or institution of governance to excuse itself from obeying the commands of the Election Commission of India and not complying and cooperating with the Election Commission of India’s directions. “This shall be taken as part of the mandatory command of this Court in support of what the Election Commission is carrying forward,” the court said.
The EC said that on April 26, 2021, the Madhya Pradesh High Court dismissed a petition for issues concerning poll conducted on April 6, 2021 being infructuous. In a similar matter on COVID precautions during the counting, the Commission pointed out that the Kerala High Court recorded the measures put in by the EC and directed the state to submit its measures on April 27, 2021. The Commission further said that hearing the matter today, the high court, with regard to counting of votes, expressed that it is satisfied with the steps taken by EC and state government and observed that there is nothing more to be added in the matters and accordingly closed all writ petitions.
The Commission said it has been regularly interacting with the chief secretary, health secretary and the chief electoral officers in the states with regard to ensuring that all COVID-19 measures shall be ensured at all counting centres without exceptions for counting on May 2.
In an order issued today, the Commission has directed that no victory procession after the counting shall be permissible. The order also prescribes that not more than two persons shall be allowed to accompany the winning candidate or his or her authorised representative to receive the certificate of election from the Returning Officer.
